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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I half own my house with my ex husband. He is pestering my

Customer Question

I half own my house with my ex husband. He is pestering my to sell the house as my son is 18 in August. He has not contributed to the mortgage for 3 and half years since my partner moved in or paid towards any repairs or house insurance on the property which states in the divorce.
Could you please advise where I stand
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What agreement was made at the time of the divorce and was it turned into a court order?
Has your ex paid child maintenance?
Clare
Customer: replied 2 years ago.

The divorce stated when my son was 18 or if I had a partner move in within 3 months to sell.

My ex did not pay me any child maintenance only half the mortgage until 3 and half years ago. I had to use my own money and the child tax credits to help pay for them. We divorced in Feb 2008.

On leaving the house he signed a piece of paper stating I Neil Thompson give up all rights to the the house and any items in the house, he signed and dated the paper does this help.

Thank you

Tracey

Expert:  Clare replied 2 years ago.
Hi
For Clarity - there is a separate document with the Court seal on it setting out the details for the property
Clare
Customer: replied 2 years ago.

Hi

I am at work at the moment, I will have to look at my divorce and get back to you later when I get home.

Thank you

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare
Customer: replied 2 years ago.

Yes the consent order has liverpool county court stamp on it

Expert:  Clare replied 2 years ago.
Hi
Does the Order say anything about the Child Maintenance?
Clare
Customer: replied 2 years ago.

Hi

No it does not it only says about the house

Expert:  Clare replied 2 years ago.
Hi
May I ask why you never applied to the CSA for maintenance?
Clare
Customer: replied 2 years ago.

Because my ex said he would pack his job in if I applied for it. I was stupid and didn't know all these things at the time

Customer: replied 2 years ago.

Hi

Are we close to an answer please

Expert:  Clare replied 2 years ago.
Hi
I am sorry - but there is little good news to give you - hence my asking questions to try and find a way around it
The fact that he has not paid child maintenance does not mean that he is not entitled to force the sale of the property now that the child is 18.
In addition the piece of paper that he signed has no relevance at all
In fact he could have forced the sale at anytime after your partner moved in and on that basis he did not have to pay any more of the expenses.
I am so sorry - the fact he paid no child maintenance is a good argument to use on him - but has no relevance in court.
Please ask if you need further details
Clare